A Florida appeals court has reversed a decision that would have cleared a man of felony drug charges, ruling that a lower court failed to follow proper procedures before dismissing the case on “speedy trial” grounds.
The Sixth District Court of Appeal issued its opinion on April 10, 2026, regarding the case of Andres Hipolito. Hipolito was originally arrested in July 2022 as part of a group of eleven individuals charged with various felony drug trafficking offenses.
While Hipolito had been released from custody in 2025 following a trial judge’s order, he may now face those charges again.
The legal battle centers on Florida’s “speedy trial” rules, which generally allow a defendant to demand a trial within 60 days. If the state fails to bring the case to trial within that window—plus a short “recapture” period—the defendant can often be discharged from the crimes forever.
In late 2024, Hipolito filed a demand for a speedy trial. However, in the weeks following that demand, his legal team filed a flurry of substantive motions, including requests to change the trial location, remove the statewide prosecutor, and seek sanctions against the State.
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During a December 2023 hearing, the trial judge, Tanya Davis Wilson, became concerned that the defense was not actually ready for trial due to the pending motions. On her own initiative, she “struck” the speedy trial demand and reset the calendar. Later, Hipolito’s lawyers argued this move was illegal because, under Florida law, a judge cannot cancel a speedy trial demand unless the prosecutor formally asks them to.
Judge Wilson eventually agreed with the defense, reversed her own decision, and granted Hipolito a total discharge from his crimes in January 2025.
The State of Florida appealed that discharge, arguing that even if the judge made a mistake by acting on her own, she still had a duty to investigate whether Hipolito was actually ready for trial before letting him go free.
The appellate court agreed with the State. Associate Judge R.H. Martin wrote that while the trial judge shouldn’t have acted “sua sponte” (on her own) to strike the demand, she was still required by law to conduct a specific inquiry before granting a discharge.
According to the ruling, the court must determine if the failure to hold a trial was actually the fault of the defendant or their counsel. The court noted that Hipolito had filed several “substantive post-demand motions” and insisted they be heard, which the State argued showed he wasn’t truly ready for trial within the required timeframe.
“No remedy shall be granted to any defendant under this rule until the court has made the required inquiry,” the court noted, citing Florida Rule of Criminal Procedure 3.191.
What Happens Next
The appeals court did not rule that Hipolito must go to trial, but rather that the trial court skipped a vital step. The case has been sent back to the Osceola County circuit court for a new hearing.
During this rehearing, the judge must specifically look at whether the trial delays were “attributable to the accused” or if the demand for a speedy trial was “invalid” because the defense was still busy filing motions rather than preparing for a jury.
If the lower court finds the delays were Hipolito’s fault, the charges could be reinstated, and a trial date will be set within 90 days.
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